Nuovi diritti per i disabili che si spostano in aereo
Fino ad oggi non esisteva alcuna legislazione vincolante a protezione delle persone con disabilità nei loro viaggi aerei. Una persona poteva essere rifiutata all’imbarco o venir negata l’assistenza disabled because while some airlines had established a quota system that defines the maximum number of disabled passengers per flight regardless of the type of disability.
"The airline industry has been very reluctant to accept this legislation that protects the rights of disabled passengers. With the new regulation should realize that, besides being in the presence of fundamental rights, there is an economic opportunity for the whole industry, "he added, Vardakastanis.
The new Rules adopted in 2006 by the European Ministers of Transport will prohibit to deny boarding or booking a flight because the disabled. Passengers with disabilities should receive assistance in any time of travel at no additional cost and responsibility of the service will be in the hands of airport operators. Another important activity of the Regulation will be the training of all staff who come into contact with the passengers.
Despite the intense pressure made by EDF Regulation leaves some possibility of refusing to board for "security reasons" not very clear or defined. Although these safety reasons must be shown correctly, if they are established at national level, can become major barriers for disabled passengers "A security policy should be harmonized across the European or international law, otherwise a disabled passenger potrà partire per raggiungere un paese ma non ritornare al proprio a causa di differenti legislazioni applicate. Armonizzare i criteri significa anche facilitare la consapevolezza, per le persone disabili, dei loro diritti ed inoltre renderebbe l’intero sistema più trasparente per tutti”, ha continuato il Presidente dell’ EDF.
L’intero regolamento diventerà efficace a decorrere dal 26 luglio 2008 ed applicato direttamente negli aeroporti europei e dalle compagnie aeree.
Fanno eccezione degli articoli 3 e 4, che si applicano a decorrere dal 26 luglio 2007.
[...]Articolo 3Divieto di rifiutare il trasporto
Un vettore aereo, un suo agente o un operatore turistico non può rifiutare, per motivi di disable 'or reduced mobility:
to accept a reservation for a flight departing from or arriving at an airport to which this regulation applies;
to embark a person with reduced mobility at the airport, provided that the person concerned is in possession of a valid ticket and reservation.
Article 4 Derogations, special conditions and information
1. Notwithstanding the provisions of Article 3, an air carrier, its agent or tour operator may refuse, on grounds of disability or reduced mobility, to accept a reservation for a disabled person or a person with reduced mobility or to embark:
to meet obligations established by international safety, community or national law or safety requirements established by the authority issuing the AOC to the air carrier concerned;
if the size of the aircraft or its doors make physically impossible for the embarkation or carriage of persons with disabilities or reduced mobility. If a reservation is not accepted for the reasons stated in the first paragraph a) or b), the carrier, his agent or tour operator shall make reasonable efforts to propose an acceptable alternative to that person.
The person with reduced mobility who has been denied boarding because of her disability or reduced mobility and any person pursuant to paragraph 2 of this Article shall be offered the right to reimbursement or rerouting, as required by Article 8 of Regulation (EC) No 261/2004. The right to choose between a return flight and an alternative flight is subject to compliance with all safety requirements.
2. Under the same conditions listed in paragraph 1, first paragraph, letter a), the carrier, its agent or tour operator may require that a person with reduced mobility be accompanied by another person in a position to provide assistance necessary.
3. An air carrier or its agent available to the public in formats accessibilie at least the same languages \u200b\u200bmade available to other passengers, sicurezzache rules apply to the carriage of persons with disabilities and persons with reduced mobility, as well as any restrictions on their transport or transport facilities mobility due to the size of the aircraft. A tour operator offers the security standards and restrictions for travel, package holidays and package tours ", which it organizes, sells or offers.
4. When an air carrier, its agent or tour operator exercises a derogation under paragraphs 1 or 2, it shall immediately inform the disabled person or person with mobility reduced the reasons therefor. Upon request, the carrier, his agent or tour operator shall communicate these reasons in writing to the disabled person or person with reduced mobility within five working days .[...]
REGULATION (EC) No 1107/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 July 2006
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